Showing : 31-40 of 156 Results

CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 32, Rule 3, Hindu Marriage Act, 1955, Section 13-- Divorce petition - Petition filed by wife by pleading that husband become insane after marriage - Ex parte divorce decree passed without appointment of guardian of insane person - Ex parte divorce decree set aside having been passed against a person of unsound mind without following due procedure..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Deaf and dumb - Mental infirmity within the meaning of O.32.R.15 CPC is not mental disorder, insanity or mental illness but infirmity caused by physical defects like deafness or dumbness also constitute weakness of mind and renders a person incapable of protecting his interests - In such a case..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Deaf and dumb - No specific objection raised to this effect in reply to the petition - Trial Court rightly did not conduct an enquiry - Court without holding an enquiry cannot give a finding as to unsound mind - Petition cannot be dismissed as not maintainable as not filed through next friend...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 32, Rule 1-- Minor - Suit by minor through next friend/cousin of his father - Minor claiming himself to be sole owner of property left by his father on the basis of Will - Dispute between minor and his mother - Mother of minor already contracted second marriage after leaving the minor - Once she got..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 32, Rule 3-- Suit against minor - Not barred - For appointment of guardian, an application can be made either on behalf of the minor or by plaintiff and an order can be obtained for appointment of guardian...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 32, Rule 3-- Rejection of plaint - Suit against minor - Suit against minor by itself is not barred - O.22.R.3 CPC provides the manner in which suit can proceed against minor...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 32, Rule 3-- Suit against minor - Not barred - O.22.R.3 CPC provides the manner in which suit will proceed against minor after Court is satisfied about minority and thereafter steps to appoint guardian either on behalf of plaintiff or even on behalf of minor will proceed...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 32, Rule 7(2)-- Minor - Compromise - Leave of Court not taken - Compromise as well as decree passed on its basis is void...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 32, Rule 3, 3A-- Minor - Compromise decree - Suit by minor after attaining majority for cancellation of compromise decree - Limitation - Suit filed after three years of attaining majority of minor - Since compromise decree was void as on the date of attaining majority of minor, limitation of six years for recovery..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Second application by invoking the same provision - Held, not maintainable when once an application is dismissed and attains finality...........

Showing : 31-40 of 156 Results